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Classifications and Numeric Standards for Rio Grande Basin

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Classifications and Numeric Standards for Rio Grande Basin Presented below are water quality standards that are in effect for Clean Water Act purposes. EPA is posting these standards as a convenience to users and has made a reasonable effort to assure their accuracy. Additionally, EPA has made a reasonable effort to identify parts of the standards that are not approved, disapproved, or are otherwise not in effect for Clean Water Act purposes. November 12, 2020 Regulation No. 36 - Classifications and Numeric Standards for Rio Grande Basin Effective March 12, 2020 The following provisions are in effect for Clean Water Act purposes with these few exceptions: EPA has taken no action on: • All segment-specific total phosphorus (TP) numeric standards based on the interim value for river/stream segments with a cold water aquatic life classification (0.11 mg/L TP) or a warm water aquatic life classification (0.17 mg/L TP) • All segment-specific TP numeric standards based on the interim value for lake/reservoir segments with a warm water aquatic life classification (0.083 mg/L TP) Code of Colorado Regulations Secretary of State State of Colorado DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Water Quality Control Commission REGULATION NO. 36 - CLASSIFICATIONS AND NUMERIC STANDARDS FOR RIO GRANDE BASIN 5 CCR 1002-36 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] 36.1 AUTHORITY These regulations are promulgated pursuant to section 25-8-101 et seq. C.R.S., as amended, and in particular, 25-8-203 and 25-8-204. 36.2 PURPOSE These regulations establish classifications and numeric standards for the Rio Grande Basin, including all tributaries and standing bodies of water as indicated in section 36.6. The classifications identify the actual beneficial uses of the water. The numeric standards are assigned to determine the allowable concentrations of various parameters. Discharge permits will be issued by the Water Quality Control Division to comply with basic, narrative, and numeric standards and control regulations so that all discharges to waters of the state protect the classified uses. It is intended that these and all other stream classifications and numeric standards be used in conjunction with and be an integral part of Regulation No. 31 Basic Standards and Methodologies for Surface Water. 36.3 INTRODUCTION These regulations and tables present the classifications and numeric standards assigned to stream segments listed in the attached tables (See Appendix 36-1). As additional stream segments are classified and numeric standards for designated parameters are assigned for this drainage system, they will be added to or replace the numeric standards in the tables in Appendix 36-1. Any additions or revisions of classifications or numeric standards can be accomplished only after public hearing by the Commission and proper consideration of evidence and testimony as specified by the statute and the “basic regulations”. 36.4 DEFINITIONS See the Colorado Water Quality Control Act and the codified water quality regulations for definitions. 36.5 BASIC STANDARDS (1) Temperature All waters of the Rio Grande Basin are subject to the following standard for temperature. (Discharges regulated by permits, which are within the permit limitations, shall not be subject to enforcement proceedings under this standard.) Temperature shall maintain a normal pattern of diurnal and seasonal fluctuations with no abrupt changes and shall have no increase in temperature of a magnitude, rate, and duration deemed deleterious to the resident aquatic life. This standard shall not be interpreted or applied in a manner inconsistent with section 25-8-104, C.R.S. 1 CODE OF COLORADO REGULATIONS 5 CCR 1002-36 Water Quality Control Commission (2) Qualifiers See Basic Standards and Methodologies for Surface Water for a listing of organic standards at 31.11 and metal standards found at 31.16 Table III. The column in the tables headed “Water + Fish” are presumptively applied to all aquatic life class 1 streams which also have a water supply classification, and are applied to aquatic life class 2 streams which also have a water supply classification, on a case-by-case basis as shown in Appendix 36-1. The column in the tables at 31.11 and 31.16 Table III headed “Fish Ingestion” is presumptively applied to all aquatic life class 1 streams which do not have a water supply classification, and are applied to aquatic life class 2 streams which do not have a water supply classification, on a case-by-case basis as shown in Appendix 36-1. (3) Uranium (a) All waters of the Rio Grande Basin are subject to the following basic standard for uranium, unless otherwise specified by a water quality standard applicable to a particular segment. However, discharges of uranium regulated by permits which are within these permit limitations shall not be a basis for enforcement proceedings under this basic standard. (b ) Uranium level in surface waters shall be maintained at the lowest practicable level. (c ) In no case shall uranium levels in waters assigned a water supply classification be increased by any cause attributable to municipal, industrial, or agricultural discharges so as to exceed 16.8-30 µg/l or naturally-occurring concentrations (as determined by the State of Colorado), whichever is greater. (i ) The first number in the 16.8-30 µg/l range is a strictly health-based value, based on the Commission’s established methodology for human health-based standards. The second number in the range is a maximum contaminant level, established under the federal Safe Drinking Water Act that has been determined to be an acceptable level of this chemical in public water supplies, taking treatability and laboratory detection limits into account. Control requirements, such as discharge permit effluent limitations, shall be established using the first number in the range as the ambient water quality target, provided that no effluent limitation shall require an “end-of-pipe” discharge level more restrictive than the second number in the range. Water bodies will be considered in attainment of this standard, and not included on the Section 303(d) List, so long as the existing ambient quality does not exceed the second number in the range. (4) Nutrients Prior to December 31, 2022 for chlorophyll a and prior to December 31, 2027 for total phosphorus, interim nutrient values will be considered for adoption only in the limited circumstances defined at 31.17(e) and (f). These circumstances include headwaters, Direct Use Water Supply (DUWS) Lakes and Reservoirs, and other special circumstances determined by the Commission. Additionally, prior to December 31, 2027, only total phosphorus and chlorophyll a will be considered for adoption. After December 31, 2027, total nitrogen will be considered for adoption per the circumstances outlined in 31.17(g). 2 CODE OF COLORADO REGULATIONS 5 CCR 1002-36 Water Quality Control Commission Prior to December 31, 2027, nutrient criteria will be adopted for headwaters on a segment by segment basis for the Rio Grande Basin. Moreover, pursuant to 31.17(e) nutrient standards will only be adopted for waters upstream of all permitted domestic wastewater treatment facilities discharging prior to May 31, 2012 or with preliminary effluent limits requested prior to May 31, 2012, and any non-domestic facilities subject to Regulation 85 effluent limits and discharging prior to May 31, 2012. The following is a list of all permitted domestic wastewater treatment facilities discharging prior to May 31, 2012 or with preliminary effluent limits requested prior to May 31, 2012, and any non-domestic facilities subject to Regulation 85 effluent limits and discharging prior to May 31, 2012 in the Rio Grande Basin: Segment Permittee Facility name Permit No. CORGRG02 Mountain Views at Rivers Edge RV Mtn Views At Rvrs Edge Rv Rst COG588069 CORGRG04b South Fork Water and Sanitation District South Fork Water and San Dist WWTF COG588039 CORGRG04c Monte Vista City of Veterans Center WWTF CO0036927 CORGRG04c; Monte Vista City of Henderson Lagoon Facility CO0023132 CORGRG15 CORGRG04b; Del Norte Town of Del Norte WWTF CO0020281 CORGRG18 CORGRG07 Creede City of Creede WWTF CO0040533 CORGRG09b Fun Valley Resort Fun Valley Resort COG588018 CORGRG09a Wolf Creek Ski Corp Wolf Creek Ski Corp WWTF CO0041785 CORGRG12 Alamosa City of Alamosa Regional WWTF CO0044458 CORGRG15 San Luis Water and Sanitation District San Luis Water and San Dist WWTF COG589082 CORGRG31 Costilla County Water and Sanitation System Costilla County Water & San Dist WWTF CO0036528 CORGAL12 La Jara Town of La Jara WWTF CO0020150 CORGAL15 Manassa Town of Manassa WWTF CO0042935 CORGAL18 Antonito Town of Antonito WWTF CO0040975 CORGCB06 Baca Grande Water and Sanitation District Aspen Institute CO0046914 Prior to May 31, 2022: • For segments located entirely above these facilities, nutrient standards apply to the entire segment. • For segments with portions downstream of these facilities, nutrient standards only apply above these facilities. A note was added to the total phosphorus and chlorophyll a standards in these segments. The note references the table of qualified facilities at 36.5(4). • For segments located entirely below these facilities, nutrient standards do not apply. A note was added to the total phosphorus and chlorophyll a standards in lakes segments as nutrients standards apply only to lakes and reservoirs larger than 25 acres surface area. 3 CODE OF COLORADO REGULATIONS 5 CCR 1002-36 Water Quality Control Commission 36.6 TABLES (1) Introduction The numeric standards for various parameters in this regulation and in the tables in Appendix 36- 1 were assigned by the Commission after a careful analysis of the data presented on actual stream conditions and on actual and potential water uses. Numeric standards are not assigned for all parameters listed in the tables attached to Regulation No. 31. If additional numeric standards are found to be needed during future periodic reviews, they can be assigned by following the proper hearing procedures.
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